The Impact of Implementing Random Breath Testing on Criminal Justice System Resources

Size: px
Start display at page:

Download "The Impact of Implementing Random Breath Testing on Criminal Justice System Resources"

Transcription

1 The Impact of Implementing Random Breath Testing on Criminal Justice System Resources R. Solomon, Professor A. Skinner, J.D. Candidate, 2014 Faculty of Law, Western University

2 1 INTRODUCTION Despite numerous amendments to federal, provincial and territorial legislation, countless awareness programs and other initiatives, impairment-related traffic crashes remain Canada s leading criminal cause of death. Although impaired driving deaths in Canada fell significantly from the early 1980s until the late 1990s, relatively little progress has been made since. As of 2009, Canada continues to have one of the highest per capita rates of impaired driving deaths and injuries among comparable developed democracies. The persistence of impaired driving is not a challenge that is unique to Canada. However, most developed and developing countries have chosen to respond by implementing random breath testing (RBT) programs. A 2008 study and earlier international reviews indicate that 82% of the 56 developed and developing countries surveyed had established a RBT program. Finland, Sweden and France introduced RBT in the late 1970s, followed by most Australian jurisdictions in the 1980s. New Zealand and most of the remaining Western European countries enacted RBT legislation in the 1990s. In 2003, the European Commission recommended that all member states in the European Union introduce comprehensive RBT legislation. Ireland, the most recent country to do so, initiated its RBT program in RBT legislation authorizes the police to demand a breath sample from any driver in the absence of an individualized suspicion that he or she has consumed alcohol or is impaired. Typically, RBT is conducted at stationary (fixed) sobriety checkpoints using roadside screening devices. A breath sample is demanded from every driver who is stopped, without any preliminary questioning or document inspection. The test itself takes about 30 seconds, the driver remains seated in the car and the average duration of the entire stop is 2 minutes. Individual studies, research reviews and meta-analyses have consistently found that well-publicized, intensive RBT programs achieve sharp and sustained reductions in impaired driving, and related crashes, deaths and injuries. For example, the most

3 2 comprehensive study on Australia s RBT programs reported reductions in total annual fatal crashes of 35% in Queensland and 28% in Western Australia, and reductions in total annual single-vehicle nighttime collisions of 26% in New South Wales and 24% in Tasmania. The introduction of RBT was found to have reduced total crashes in New Zealand by 14%. In Ireland, total road traffic fatalities fell by 19% in the 12-month period following the enactment of RBT in mid By 2011, total Irish traffic deaths stood at only 47% of the 2005 total. Notwithstanding these impressive results, some provincial governments in Canada have expressed concern that RBT will drastically increase impaired driving arrests and prosecutions, thereby overburdening the courts. A thorough review of the published research on RBT indicates that this concern is unwarranted. RANDOM BREATH TESTING AND CRIMINAL JUSTICE SYSTEM RESOURCES Most of the extensive body of research on RBT centres on its effectiveness in reducing impaired driving, and total and impairment-related crashes, deaths and injuries. The research on RBT s broader impacts focuses on its cost-effectiveness as an impaired driving countermeasure. For example, a 2004 World Health Organization study reported that each dollar spent on RBT results in a cost saving of $19. Similarly, a 2003 European Union study concluded that increasing RBT testing levels to 1 test per 16 inhabitants would result in a cost-benefit ratio of 1:36 to 1:55, depending on the cost model used. However, this research provides no indication that RBT has increased the workload of prosecutors and the courts. Indeed, discussions of this possibility are notably absent from the research literature, strongly suggesting that this problem has not arisen in 40 years since jurisdictions began enacting RBT legislation. With the enactment of RBT, the police will detect virtually all of the impaired drivers that they stop. However, this will be offset by the fact that RBT significantly reduces the number of impaired drivers on the roads. Thus, it does not follow that introducing RBT will invariably overburden the police, prosecutors and courts with

4 3 impaired driving cases. The international research data, albeit limited, indicate that RBT has not led to sustained increases in impaired driving charges and convictions. Moreover, several jurisdictions have seen significant declines in impaired driving and other trafficrelated charges. While the number of impaired driving charges may temporarily increase, charges may well fall as RBT s general deterrent impact on impaired driving takes effect. For example, the 7% increase in Ireland s impaired driving charges in 2007, the year after RBT was introduced, was followed by 3 years of significant declines. 1 By 2011, impaired driving charges in Ireland had fallen to 48% of the pre-rbt level. 2 In New Zealand, impaired driving convictions remained relatively stable in the four years after the introduction of RBT in The available research, while limited, simply does not support the concern that RBT legislation will overwhelm the criminal justice system. A New South Wales study reported not only reductions in impaired driving charges laid over a long holiday weekend in the year following the introduction of RBT, but also declines in charges for other traffic offences. 4 The author attributed the reductions in the other traffic offences to the high visibility of police on [the] roads occasioned by random breath testing. 5 Similarly, there were 33% and 78% reductions, respectively in careless driving and other traffic convictions in the years following New 1 Central Statistics Office, CJA01: Recorded Crime Offences by Type of Offence and Year, (Cork, Central Statistics Office, 2011) online: < saveselections.asp>. 2 Ibid. 3 T Miller, M Blewden & J Zhang, Cost savings from a sustained compulsory breath testing and media campaign in New Zealand (2004) 36 Accident Analysis & Prevention 783 at 788. It should be noted that while impaired driving convictions in New Zealand increased by 11% between 1992 and 2011, the population rose by 25% during this period. See Statistics New Zealand, Prosecuted Charges by ANZSOC, (New Zealand, Statistics New Zealand, 2012) online: < and Statistics New Zealand, National Population Estimates, at 30 June , (New Zealand, Statistics New Zealand, 2012) online: < 4 G Paciullo, Random breath testing in New South Wales, (1983) 1:1 The Medical Journal of Australia 620 at Ibid.

5 4 Zealand s implementation of RBT legislation. 6 These data suggest that the deterrent effect of RBT may reduce both impaired driving and other traffic-related offences. Introducing RBT in Canada would greatly streamline the investigation and prosecution of all impaired driving cases. In order to demand a breath test on an approved screening device (ASD), the police must have reasonable grounds to suspect that a driver has alcohol and/or drugs in his or her body. Although this threshold for demanding an ASD test is not particularly high, the police often have difficulty convincing a court that their subjective roadside assessment of a driver met the requisite standard. 7 As a result, the police must carefully question drivers, closely observe them for visible signs of impairment, scrutinize their documents, and attempt to detect the odor of alcohol on their breath. The parallel process in Australia prior to the introduction of RBT was described as requiring the police to perform an elaborate charade involving licenses and equipment, all the time sniffing the air for signs of alcohol. 8 As noted, RBT eliminates the need for any preliminary questioning, careful observations, document inspection, or detailed note-taking. Rather, drivers stopped at an RBT checkpoint are processed in an assembly line fashion. Furthermore, RBT would eliminate a major ground for contesting the admissibility of the evidentiary breath tests. Currently, if a court finds that there were insufficient grounds to demand an ASD test, the results of the subsequent evidentiary tests will be excluded from evidence and the driver will most likely be acquitted. As a result, it is common practice for defence counsel to aggressively challenge the officer s basis for demanding the ASD test. With the introduction of RBT legislation, police would no longer be required to prove in court that they had reasonable grounds to suspect that a driver had consumed alcohol and/or drugs. Therefore, even if the number of charges 6 P Spier, Conviction and sentencing of offenders in New Zealand: 1988 to 1997 (Wellington: Ministry of Justice, 1998) at Moreover, some judges have applied a very rigorous standard for making ASD demands. See for example, R v Thompson, 2003 SKPC 56; and R v Sood, AR R Homel, Random Breath Testing and Random Stopping Programs in Australia in R Wilson & R Mann, eds, Drinking and Driving: Advances in Research and Prevention (New York: Guilford Press, 1990) 159 at 186.

6 5 increased, there would be a higher percentage of guilty pleas, fewer legal challenges to the admissibility of the evidentiary breath tests, and shorter, less complicated trials. These streamlined procedures would reduce whatever increased burden that RBT might impose on prosecutors and the courts. The discussion of RBT in Canada should, as in the rest of the world, focus on its traffic safety benefits and not on whether it might possibly increase demands on the criminal justice system. If there are major problems in the existing impaired driving legislation and the processing of the resulting cases, these should be dealt with directly. Focusing on administrative issues detracts attention from the seriousness of impaired driving, a crime that in Canada claims almost twice as many lives per year as all categories of homicide combined. It is doubtful that anyone would suggest that proven measures to reduce sexual assaults should not be enacted because they might increase the burden on the criminal justice system. Nor should such considerations preclude the enactment of comprehensive RBT programs in Canada. CONCLUSION As indicated, RBT programs have achieved significant and sustained reductions in impaired driving, and related crashes, deaths and injuries. The available evidence indicates that implementing a comprehensive RBT program in Canada will save hundreds of lives, prevent tens of thousands of injuries, and reduce the social costs of impaired driving by billions of dollars annually. 9 The courts in jurisdictions that have implemented RBT programs have not been overburdened with impaired driving cases. Rather, impaired driving cases have remained stable or, in some jurisdictions, have declined. In our view, the concern with RBT s impact on the Canadian legal system fails to take into account its major deterrent impact on impaired driving and the fact that it will greatly streamline the processing of all impaired driving cases. Consequently, the significant traffic safety benefits of RBT can be achieved without unduly increasing the demands on Canada s criminal justice system. 9 R Solomon et al, Predicting the Impact of Random Breath Testing on the Social Costs of Crashes, Police Resources, and Driver Inconvenience in Canada (2011) 57 Crim L Q 438.

7 6

REDUCING THE DRINK DRIVE LIMIT IN SCOTLAND CONSULTATION QUESTIONNAIRE

REDUCING THE DRINK DRIVE LIMIT IN SCOTLAND CONSULTATION QUESTIONNAIRE REDUCING THE DRINK DRIVE LIMIT IN SCOTLAND CONSULTATION QUESTIONNAIRE 1. Do you agree that the drink drive limits should be reduced in Scotland? Yes. Lowering the prescribed alcohol limit for driving should

More information

Archived Content. Contenu archivé

Archived Content. Contenu archivé ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject

More information

Drinking and Driving: The Law and Procedure

Drinking and Driving: The Law and Procedure Drinking and Driving: The Law and Procedure The Offences Section 5 of the Road Traffic Act 1988 makes it an offence for a person: 1. to drive or attempt to drive a motor vehicle on a road or other public

More information

Drug-Impaired Driving: Legal Challenges on the Road to Traffic Safety

Drug-Impaired Driving: Legal Challenges on the Road to Traffic Safety Drug-Impaired Driving: Legal Challenges on the Road to Traffic Safety THE NOT BY ACCIDENT CONFERENCE Tuesday, October 21, 2014 2:15 pm-3:00 pm R. Solomon Professor, Faculty of Law The University of Western

More information

Economic and Social Council

Economic and Social Council UNITED NATIONS E Economic and Social Council Distr. GENERAL ECE/TRANS/WP.1/2006/3 5 January 2006 Original: ENGLISH ECONOMIC COMMISSION FOR EUROPE INLAND TRANSPORT COMMITTEE Working Party on Road Traffic

More information

SAFER JOURNEYS. DISCUSSION DOCUMENT Have your say on our next road safety strategy AUGUST 2009

SAFER JOURNEYS. DISCUSSION DOCUMENT Have your say on our next road safety strategy AUGUST 2009 22 SAFER JOURNEYS DISCUSSION DOCUMENT Have your say on our next road safety strategy AUGUST 29 11 Reducing the impact of alcohol/drug impaired driving What is the problem? Alcohol/drug impaired driving

More information

The Government propose to take a zero tolerance approach to the following 8 controlled drugs which are known to impair driving:

The Government propose to take a zero tolerance approach to the following 8 controlled drugs which are known to impair driving: Drug-Driving: Proposed New Law New law on drug driving to be introduced in the near future The new law on drug driving is designed, in part, to reduce the number of failed prosecutions under the existing

More information

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. 42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. (1) (a) It is a misdemeanor for any person who is under the influence of alcohol

More information

Defendants charged with serious violent and sexual offences (including murder)

Defendants charged with serious violent and sexual offences (including murder) Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that

More information

The Nation s Top Strategies to Stop Impaired Driving. Introduction

The Nation s Top Strategies to Stop Impaired Driving. Introduction The Nation s Top Strategies to Stop Impaired Driving Introduction NHTSA addresses traffic safety problems with a comprehensive range of approaches, including a focus on education and advising families

More information

House Bill 128, Amendments to

House Bill 128, Amendments to Utah Commission on Criminal and Juvenile Justice Utah Justice Research Brief October 2004 Child Endangerment and Driving Under the Influence Mike Haddon, Julie Christenson & Jace Garfield House Bill 128,

More information

How to Represent Yourself on a Drink Driving Charge in NSW

How to Represent Yourself on a Drink Driving Charge in NSW How to Represent Yourself on a Drink Driving Charge in NSW 1. Introduction Many people who are charged with a drink driving offence decide not to contest the charge because they cannot afford a lawyer

More information

LEGISLATIVE COUNCIL PANEL ON TRANSPORT. Measures to Combat Drink Driving and the Use of Hand-held Mobile Phone While Driving

LEGISLATIVE COUNCIL PANEL ON TRANSPORT. Measures to Combat Drink Driving and the Use of Hand-held Mobile Phone While Driving LC Paper No. CB(1)932/05-06(11) For discussion 24 February 2006 LEGISLATIVE COUNCIL PANEL ON TRANSPORT Measures to Combat Drink Driving and the Use of Hand-held Mobile Phone While Driving Purpose This

More information

Developments in Canadian community-based impaired driving initiatives: MADD Canada s Campaign 911

Developments in Canadian community-based impaired driving initiatives: MADD Canada s Campaign 911 : MADD Canada s Campaign 911 Abstract Robert Solomon and Erika Chamberlain, Faculty of Law, Western University Context Despite numerous legislative amendments, countless awareness programs and similar

More information

IMPAIRED DRIVING CASES: NOTICE TO SEEK GREATER PUNISHMENT

IMPAIRED DRIVING CASES: NOTICE TO SEEK GREATER PUNISHMENT IMPAIRED DRIVING CASES: NOTICE TO SEEK GREATER PUNISHMENT Mankind censure injustice fearing that they may be the victims of it, and not because they shrink from committing it. Introduction - Plato (427

More information

Frequently Asked Questions

Frequently Asked Questions Frequently Asked Questions 1. What do the changes include? These changes will introduce progressive administrative penalties for drivers with blood alcohol levels of.05 or greater, tougher penalties for

More information

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.

More information

Enforcement of Zero Tolerance Laws in the United States

Enforcement of Zero Tolerance Laws in the United States Enforcement of Zero Tolerance Laws in the United States 1 S.A. Ferguson, 1 M. Fields, and 2 R.B. Voas 1 Insurance Institute for Highway Safety, Arlington, Virginia, USA 2 Pacific Institute for Research

More information

DRINKING AND DRIVING OFFENCE

DRINKING AND DRIVING OFFENCE What to do if you are charged with a DRINKING AND DRIVING OFFENCE This booklet is not about provincial Motor Vehicle Act penalties for drinking and driving. This guide explains what normally happens when

More information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition) Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;

More information

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL LAW

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL LAW IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CRIMINAL LAW COMMONWEALTH OF PENNSYLVANIA : : vs. : NO: 272 CR 2011 : KEITH NORBIN MCINAW, : Defendant : Michael S. Greek, Esquire Eric J. Conrad,

More information

DRINK DRIVING. Report 1. Offences finalised in the Magistrates Court of South Australia, 1995. Jayne Marshall

DRINK DRIVING. Report 1. Offences finalised in the Magistrates Court of South Australia, 1995. Jayne Marshall DRINK DRIVING Report 1 Offences finalised in the Magistrates Court of South Australia, 1995 by Jayne Marshall A report jointly funded by the South Australian Attorney General s Department and Transport

More information

The Royal Society for the Prevention of Accidents The North Review of Drink and Drug Driving Law February 2010

The Royal Society for the Prevention of Accidents The North Review of Drink and Drug Driving Law February 2010 THE NORTH REVIEW INTO DRINK AND DRUG DRIVING This is the Royal Society for the Prevention of Accidents submission to the North Review of Drink and Drug Driving Law. It has been produced following consultation

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

Legal Blood Alcohol Concentration POSITION STATEMENT

Legal Blood Alcohol Concentration POSITION STATEMENT Legal Blood Alcohol Concentration POSITION STATEMENT ACICR Position on Lowering the Legal Blood Alcohol Concentration for Drivers Alcohol-Related Collisions in Alberta Canada lags behind the world leaders

More information

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth Criminal Injuries Compensation By Helen Porter, Office of Criminal Injuries Compensation. INTRODUCTION In this

More information

Excellence in Prevention descriptions of the prevention

Excellence in Prevention descriptions of the prevention Name of Program/Strategy: Blood Alcohol Concentration Laws (Per se Laws) Report Contents 1. Overview and description 2. Implementation considerations (if available) 3. Descriptive information 4. Outcomes

More information

Reducing alcohol-related deaths on Canada s roads.

Reducing alcohol-related deaths on Canada s roads. Centre for Addiction and Mental Health 1001 Queen St. West Toronto, Ontario Canada M6J 1H4 Tel: 416.535.8501 Centre de toxicomanie et de santé mentale 1001, rue Queen Ouest Toronto, Ontario Canada M6J

More information

PERSONS CHARGED AND CONVICTED OF AN ALCOHOL OR DRUG-IMPAIRED DRIVING OFFENCE: CANADA, 1977-2014 November 23, 2015

PERSONS CHARGED AND CONVICTED OF AN ALCOHOL OR DRUG-IMPAIRED DRIVING OFFENCE: CANADA, 1977-2014 November 23, 2015 PERSONS CHARGED AND CONVICTED OF AN ALCOHOL OR DRUG-IMPAIRED DRIVING OFFENCE: CANADA, 1977-2014 November 23, 2015 R. Solomon, Professor A. Berger, Research Associate Faculty of Law, Western University

More information

Re. Bill 126, Road Safety Act Submission to the Standing Committee on General Government

Re. Bill 126, Road Safety Act Submission to the Standing Committee on General Government 425 University Avenue, Suite 502 Toronto ON M5G 1T6 Tel: (416) 595-0006 Fax: (416) 595-0030 E-mail: mail@alphaweb.org Providing leadership in public health management February 18, 2009 Mr. Trevor Day Clerk,

More information

Model Spent Convictions Bill - Consultation paper

Model Spent Convictions Bill - Consultation paper Model Spent Convictions Bill - Consultation paper Background The Standing Committee of Attorneys-General is working on a project to design a national model Bill for a spent-convictions scheme. A spentconvictions

More information

RANDOM BREATH TESTING (RBT): RAISING THE PERCEIVED LIKELIHOOD OF APPREHENSION FOR IMPAIRED DRIVING. Éduc alcool Position (Summary)

RANDOM BREATH TESTING (RBT): RAISING THE PERCEIVED LIKELIHOOD OF APPREHENSION FOR IMPAIRED DRIVING. Éduc alcool Position (Summary) RANDOM BREATH TESTING (RBT): RAISING THE PERCEIVED LIKELIHOOD OF APPREHENSION FOR IMPAIRED DRIVING Éduc alcool Position (Summary) August 2011 In December 2010, the Québec National Assembly passed Bill

More information

2014 ANNUAL REPORT DISTRICT ATTORNEY WASHINGTON COUNTY

2014 ANNUAL REPORT DISTRICT ATTORNEY WASHINGTON COUNTY 2014 ANNUAL REPORT DISTRICT ATTORNEY WASHINGTON COUNTY 2014 Annual Report presented in April 2015 FUNCTIONS AND RESPONSIBILITIES The primary function of the Office of the District Attorney is to prosecute

More information

Road traffic offences

Road traffic offences There is a vast spectrum of driving offences, relating to use of a motor vehicle, keeping of a motor vehicle, document and driving offences. This is a selection of just a few of them: Alcohol Related Offences

More information

The Law on Drink Driving

The Law on Drink Driving Drink driving What is the legal limit? 80mg of alcohol in 100mg of blood 107mg of alcohol in 100mg of urine 35mg of alcohol in 100ml of breath When can the police ask for a breath test? An officer in uniform

More information

Vermont Legislative Council

Vermont Legislative Council Vermont Legislative Council 115 State Street Montpelier, VT 05633-5301 (802) 828-2231 Fax: (802) 828-2424 MEMORANDUM To: From: House Judiciary Committee Erik FitzPatrick Date: February 19, 2015 Subject:

More information

THE NEW IMPAIRED DRIVING LAWS 1 : WHAT IS NOT BEING SAID

THE NEW IMPAIRED DRIVING LAWS 1 : WHAT IS NOT BEING SAID THE NEW IMPAIRED DRIVING LAWS 1 : WHAT IS NOT BEING SAID The Ministry of Public Safety and Solicitor General issued a News Release on April 27, 2010 2. The Release trumpeted that The province is introducing

More information

Type of law: CRIMINAL LAW. A 2011 Alberta Guide to the Law IMPAIRED DRIVING. Student Legal Services of Edmonton

Type of law: CRIMINAL LAW. A 2011 Alberta Guide to the Law IMPAIRED DRIVING. Student Legal Services of Edmonton Type of law: CRIMINAL LAW A 2011 Alberta Guide to the Law IMPAIRED DRIVING Student Legal Services of Edmonton COPYRIGHT & DISCLAIMER GENERAL All information is provided for general knowledge purposes only

More information

What happens in court?

What happens in court? Pleading Guilty? 1 If you are charged If you are charged with drink or drug driving you will usually be able to represent yourself in a plea of guilty at court, but you should seek legal advice first.

More information

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................

More information

Conference Summary Report

Conference Summary Report Conference Summary Report 2013 SOUTHERN C ONNECTICUT C ONFERENCE ON THE P REVENTION OF A LCOHOL-I MPAIRED D RIVING: THE CROSSROADS OF TECHNOLOGY AND PRACTICE 1 The 2013 Southern Connecticut Conference

More information

STATES OF JERSEY. DRAFT ROAD TRAFFIC (No. 62) (JERSEY) REGULATIONS 201-

STATES OF JERSEY. DRAFT ROAD TRAFFIC (No. 62) (JERSEY) REGULATIONS 201- STATES OF JERSEY r DRAFT ROAD TRAFFIC (No. 62) (JERSEY) REGULATIONS 201- Lodged au Greffe on 1st October 2015 by the Minister for Transport and Technical Services STATES GREFFE 2015 Price code: C P.115

More information

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca Traffic Court What you need? to know when you ve been charged with a provincial offence website at: www.albertacourts.ab.ca Table of Contents 1. You Have Been Charged With an Offence. Now What? ----------------1

More information

CHARGED with a CRIME What YOU

CHARGED with a CRIME What YOU YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific

More information

As part of their course on law and/or sociology in this module, participants will be able to:

As part of their course on law and/or sociology in this module, participants will be able to: Correctional Service Service correctionnel Service correctionnel Correctional Service Law Correctional Service : At the Heart of Criminal Justice Description The Correctional Service of : At the Heart

More information

Report of a Complaint Handling Review in relation to Tayside Police

Report of a Complaint Handling Review in relation to Tayside Police Case reference: PCCS/00038/12/PF TP October 2012 Report of a Complaint Handling Review in relation to Tayside Police under section 35(1) of the Police Public Order and Criminal Justice (Scotland) Act 2006

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

More information

Sentencing for Impaired Driving

Sentencing for Impaired Driving Sentencing for Impaired Driving 1. Sentencing on Impaired Driving Causing Death or Bodily Harm Introduction The principles governing Canadian sentencing law are convoluted. It is often difficult to understand

More information

Number 25 of 2010 ROAD TRAFFIC ACT 2010 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General

Number 25 of 2010 ROAD TRAFFIC ACT 2010 ARRANGEMENT OF SECTIONS. PART 1 Preliminary and General Number 25 of 2010 ROAD TRAFFIC ACT 2010 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, commencement, collective citation and construction. 2. Definitions. 3. Interpretation

More information

Road Transport (Drink Driving) Legislation Amendment Bill 2010

Road Transport (Drink Driving) Legislation Amendment Bill 2010 00 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Transport) Road Transport (Drink Driving) Legislation Amendment Contents Page Part Preliminary Name of Act

More information

* Now that we have introduced criminal justice & the major institutions of the CJS, today we will review: Processing cases through the CJS:

* Now that we have introduced criminal justice & the major institutions of the CJS, today we will review: Processing cases through the CJS: SOC 3395: Criminal Justice & Corrections Lecture 2: Overview of the Canadian Criminal Justice System 2 * Now that we have introduced criminal justice & the major institutions of the CJS, today we will

More information

ALBERTA S JUSTICE SYSTEM AND YOU

ALBERTA S JUSTICE SYSTEM AND YOU ALBERTA S JUSTICE SYSTEM AND YOU This brochure will give you the facts about your justice system the major participants and the important roles that each plays. In addition, it will help you better understand

More information

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS GUIDELINE FOR FEDERAL PROSECUTORS November 8, 2012 DRUG TREATMENT COURTS Purpose [1] The purpose of this guideline is to advise federal Crown counsel of the

More information

POSSESSION OF CONTROLLED DRUGS AND SUBSTANCES

POSSESSION OF CONTROLLED DRUGS AND SUBSTANCES Type of law: CRIMINAL LAW A 2015 Alberta Guide to the Law POSSESSION OF CONTROLLED DRUGS AND SUBSTANCES Student Legal Services of Edmonton COPYRIGHT & DISCLAIMER GENERAL All information is provided for

More information

AGENDA REPORT. Honorable Mayor and Members of the City Council

AGENDA REPORT. Honorable Mayor and Members of the City Council AGENDA REPORT Meeting Date: November 6, 2012 Agenda Item # City Manager Approval: TO: Honorable Mayor and Members of the City Council FROM: Paul Nanfito, Chief of Police SUBJECT: Executive Summary for

More information

Australian Domestic & Family Violence CLEARINGHOUSE Key issues in the establishment of specialist domestic/family violence courts in Australia

Australian Domestic & Family Violence CLEARINGHOUSE Key issues in the establishment of specialist domestic/family violence courts in Australia Australian Domestic & Family Violence CLEARINGHOUSE Key issues in the establishment of specialist domestic/family violence courts in Australia Presented by Julie Stewart, Senior Research Officer, Australian

More information

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure BAKKE NORMAN L A W O F F I C E S Welcome Thank you for considering Bakke Norman, S.C. to represent your interests.

More information

Regulatory Impact Statement. Safer Journeys Reducing the impact of alcohol impaired drivers

Regulatory Impact Statement. Safer Journeys Reducing the impact of alcohol impaired drivers Regulatory Impact Statement Safer Journeys Reducing the impact of alcohol impaired drivers Agency disclosure statement 1. This regulatory impact statement (RIS) has been prepared by the Ministry of Transport

More information

Evaluating the Effectiveness Of California s Ignition Interlock Program

Evaluating the Effectiveness Of California s Ignition Interlock Program Evaluating the Effectiveness Of California s Ignition Interlock Program Interlocks Prevent 1,9 Drunk Driving Incidents Per Month in California December 21, 215 Since the California pilot program began,

More information

Drinking, Drugs & Driving

Drinking, Drugs & Driving Community Legal Information Association of Prince Edward Island, Inc. Drinking, Drugs & Driving Introduction The laws about driving while drinking or impaired can be confusing. This booklet will explain

More information

STRATEGIC PRINCIPLES OF DRINK- DRIVING ENFORCEMENT

STRATEGIC PRINCIPLES OF DRINK- DRIVING ENFORCEMENT STRATEGIC PRINCIPLES OF DRINK- DRIVING ENFORCEMENT by Amanda Delaney Kathy Diamantopoulou Max Cameron July, 2006 Report No. 249 ii MONASH UNIVERSITY ACCIDENT RESEARCH CENTRE MONASH UNIVERSITY ACCIDENT

More information

AN INTRODUCTION COURT. Victim Services Department of Justice

AN INTRODUCTION COURT. Victim Services Department of Justice AN INTRODUCTION TO COURT Victim Services Department of Justice TABE OF CONTENTS 1. INTRODUCTION......1 2. FIING A POICE REPORT...1 3. COURT PROCESS......2 4. TESTIFYING IN COURT...5 5. COMMONY ASKED QUESTIONS...6

More information

MOTORING offences & criminal law

MOTORING offences & criminal law Really Useful Guide To MOTORING offences & criminal law From Road Accidents to Serious Crimes Friendly yet tenacious; We are on your side. Protecting you and your interests. Speeding, Driving without Due

More information

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue shoplifting Guidance for police in England and Wales First publication: June 2014 1 Introduction 1.

More information

INCREASING MOTORCYCLE HELMET USE

INCREASING MOTORCYCLE HELMET USE INCREASING MOTORCYCLE HELMET USE Head injuries among motorcyclists are a growing concern Rapid growth in the use of motorized twowheeled vehicles in many countries has been accompanied by increases in

More information

CHAPTER. What is Criminal Justice? Criminal Justice: Criminal Justice: Criminal Justice: What is the Definition of Crime?

CHAPTER. What is Criminal Justice? Criminal Justice: Criminal Justice: Criminal Justice: What is the Definition of Crime? CHAPTER What is Criminal Justice? What is the Definition of Crime? Crime: What is Justice? Justice: Social Justice: Civil Justice: The Theme of this Book Individual Rights vs. Public Order The Theme of

More information

Relative risk of fatal crash by blood alcohol level. 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 BAC (mg/100ml)

Relative risk of fatal crash by blood alcohol level. 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 BAC (mg/100ml) Alcohol/drugs CRASH FACTSHEET November 2013 CRASH STATISTICS FOR THE YEAR ENDED 31 DECEMBER 2012 Prepared by the Ministry of Transport In 2012 driver alcohol/drugs were a contributing factor 1 in 82 fatal

More information

You And The Drinking Driving Laws

You And The Drinking Driving Laws You nd The Drinking Driving Laws WHY RE PENLTIES FOR DRINKING ND DRIVING SO STRICT? Drinking and driving is a hazardous combination. One third of the fatalities in New York State involve impaired or intoxicated

More information

Legislative Analysis EXTEND SUNSET KEEPING 0.08 BAC AS "PER SE" LEVEL FOR INTOXICATION OR IMPAIRMENT

Legislative Analysis EXTEND SUNSET KEEPING 0.08 BAC AS PER SE LEVEL FOR INTOXICATION OR IMPAIRMENT Legislative Analysis EXTEND SUNSET KEEPING 0.08 BAC AS "PER SE" LEVEL FOR INTOXICATION OR IMPAIRMENT Mary Ann Cleary, Director Phone: (517) 373-8080 http://www.house.mi.gov/hfa House Bill 4093 as enrolled

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. JOSHUA ALLEN KURTZ Appellant No. 1727 MDA 2014 Appeal from the

More information

T2007 Seattle, Washington

T2007 Seattle, Washington T2007 Seattle, Washington Search Warrants for BAC Test Refusals James Hedlund* 1, Douglas Beirness 2, and Amy Berning 3 1 Highway Safety North, Ithaca, NY, U.S.A.; 2 Beirness & Associates, Ottawa, ON,

More information

2014 Passage of Proposition 47 reduced several felony offenses, such as possession of controlled substance into a misdemeanor type offense.

2014 Passage of Proposition 47 reduced several felony offenses, such as possession of controlled substance into a misdemeanor type offense. GHSA 2015 OCDA DUID Technology 2014 Passage of Proposition 47 reduced several felony offenses, such as possession of controlled substance into a misdemeanor type offense. OCDA DUID Trends Fewer cases

More information

Have New South Wales criminal courts become more lenient in the past 20 years?

Have New South Wales criminal courts become more lenient in the past 20 years? NSW Bureau of Crime Statistics and Research Bureau Brief Have New South Wales criminal courts become more lenient in the past 20 years? Karen Freeman Issue paper no. 101 March 2015 Aim: To investigate

More information

STOP ROAD CARNAGE NOW!

STOP ROAD CARNAGE NOW! THE INSTITUTION OF ENGINEERS OF IRELAND STOP ROAD CARNAGE NOW! SUBMISSION TO MR SEAMUS BRENNAN TD MINISTER FOR TRANSPORT December 2002 STOP ROAD CARNAGE NOW IEI SUBMISSION ON ROAD SAFETY PG. 01 1. STOP

More information

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-00.01 Richard Sweetman x HOUSE BILL 1- HOUSE SPONSORSHIP Saine and McCann, Cooke and Johnston, SENATE SPONSORSHIP

More information

Drink Driving in Ireland. Dr Declan Bedford 13 th October 2008 RSA Conference Dublin

Drink Driving in Ireland. Dr Declan Bedford 13 th October 2008 RSA Conference Dublin Drink Driving in Ireland Dr Declan Bedford 13 th October 2008 RSA Conference Dublin This presentation Trends in fatal road crashes in Ireland Preliminary results of study into role of alcohol in fatal

More information

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS?

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? This factsheet relates to those who are 18 or over. If you are 17 or under, please see our separate factsheet for the Youth Court. Where will

More information

Public Prosecution Service for Northern Ireland. Road Traffic Policy. Independent, Fair and Effective

Public Prosecution Service for Northern Ireland. Road Traffic Policy. Independent, Fair and Effective Public Prosecution Service for Northern Ireland Road Traffic Policy Independent, Fair and Effective CONTENTS Sections Page 1. Introduction 1 2. Submission of Police Investigation Files 1 3. Code for Prosecutors

More information

Compulsory Drug Treatment Correctional Centre Act 2004 No 42

Compulsory Drug Treatment Correctional Centre Act 2004 No 42 New South Wales Compulsory Drug Treatment Correctional Centre Act 2004 No 42 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Drug Court Act 1998 No 150 2 4 Amendment of Crimes (Sentencing

More information

the Ministry of Transport is attributed as the source of the material

the Ministry of Transport is attributed as the source of the material Disclaimer All reasonable endeavours are made to ensure the accuracy of the information in this report. However, the information is provided without warranties of any kind including accuracy, completeness,

More information

Understanding drinking and driving reforms: a profile of Ontario statistics

Understanding drinking and driving reforms: a profile of Ontario statistics 96 Injury Prevention 2000;6:96 101 SPECIAL FEATURES Understanding drinking and driving reforms: a profile of Ontario statistics B Carroll, R Solomon University of Western Ontario, Faculty of Law, London,

More information

State of Colorado. The Use of Sobriety Checkpoints for Impaired Driving Enforcement

State of Colorado. The Use of Sobriety Checkpoints for Impaired Driving Enforcement State of Colorado The Use of Sobriety Checkpoints for Impaired Driving Enforcement With the September 9, 1985 and October 7, 1999 Informal opinions from the Office of the Attorney General Colorado Department

More information

Trends in Impaired Driving in the United States: Complacency and Backsliding?

Trends in Impaired Driving in the United States: Complacency and Backsliding? Trends in Impaired Driving in the United States: Complacency and Backsliding? K. Stewart 1 and J. Fell 2 1 Safety and Policy Analysis, International, 3798 Mosswood Drive, Lafayette, CA 94549, USA; 2 Pacific

More information

Police procedure drink driving related offences

Police procedure drink driving related offences Police procedure drink driving related offences The procedure for drink drive related offences is very stringent. A huge variety of defences can be mounted as a result of breaches in police procedure.

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors January 2013 Table of Contents Introduction... 2 General Principles... 3 The Decision Whether to Prosecute... 4 The Full Code Test... 6 The Evidential Stage... 6 The Public

More information

How to reduce drink driving in the Netherlands

How to reduce drink driving in the Netherlands Wenda Bruins-Jansen AVV Transport Research Centre w.k.bruins@avv.rws.minvenw.nl How to reduce drink driving in the Netherlands paper written for the Young Researchers Seminar held from 11 to 13 May 2005

More information

NATIONAL CRIME STATISTICS 1995

NATIONAL CRIME STATISTICS 1995 Issue no. 2 July 1996 NATIONAL CRIME STATISTICS 1995 The South Australian Perspective by Joy Wundersitz Paul Thomas Jayne Marshall This Information Bulletin describes the findings, as they pertain to South

More information

Understanding Consent to Sexual Activity. Public Legal Education and Information Service of New Brunswick

Understanding Consent to Sexual Activity. Public Legal Education and Information Service of New Brunswick Understanding Consent to Sexual Activity Public Legal Education and Information Service of New Brunswick NO means NO Understanding Consent to Sexual Activity This pamphlet provides information on what

More information

A VICTIM'S GUIDE TO THE CANADIAN CRIMINAL JUSTICE SYSTEM

A VICTIM'S GUIDE TO THE CANADIAN CRIMINAL JUSTICE SYSTEM A VICTIM'S GUIDE TO THE CANADIAN CRIMINAL JUSTICE SYSTEM This brochure is designed to assist victims dealing with the aftermath of an alcohol or drug-related crash. We hope that this booklet will be of

More information

Paper by His Honour Judge McFarland

Paper by His Honour Judge McFarland Paper by His Honour Judge McFarland 1. The road traffic provisions contained in the Criminal Justice (NI) Order 2008 can be summarised as follows Matters primarily relating to Magistrates Court proceedings

More information

Drunk Driving in the United States: A Roadmap for Progress

Drunk Driving in the United States: A Roadmap for Progress Drunk Driving in the United States: A Roadmap for Progress J. H. Hedlund and A. T. McCartt Preusser Research Group, Trumbull, Connecticut, USA Abstract The study investigated why drunk driving in the United

More information

Drinking and Driving in Great Britain: Which Way Forward?

Drinking and Driving in Great Britain: Which Way Forward? Drinking and Driving in Great Britain: Which Way Forward? Andrew B Clayton British Institute of Traffic Education Research, Kent House, Kent Street, Birmingham B5 6QF, UK DRINKING AND DRIVING IN GREAT

More information

Avoid the 12 Stanislaus County DUI Taskforce PRESS RELEASE

Avoid the 12 Stanislaus County DUI Taskforce PRESS RELEASE Avoid the 12 Stanislaus County DUI Taskforce PRESS RELEASE FOR IMMEDIATE RELEASE: 11-22-13 CONTACT: Sgt. Chris Perry, (209) 538-5723, cperry@ci.ceres.ca.us CERES POLICE DEPARTMENT RECEIVES GRANT FOR COUNTY-WIDE

More information

Criminal Justice Statistics Quarterly Update to March 2013

Criminal Justice Statistics Quarterly Update to March 2013 / Criminal Justice Statistics Quarterly Update to 2013 England and Wales Ministry of Justice Statistics bulletin Published 22 August 2013 Contents Contents... 1 Introduction... 2 Executive summary... 4

More information

ARREST! What Happens Now?

ARREST! What Happens Now? Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police

More information

LAFAYETTE OWI DATA BY: RACHEL GODEAUX 1

LAFAYETTE OWI DATA BY: RACHEL GODEAUX 1 LAFAYETTE OWI DATA BY: RACHEL GODEAUX 1 THE KNOWLEDGE EFFECT In 2007, The Lafayette Coalition to Prevent Substance Abuse (LCPSA) was formed to address a major issue within the community alcohol. This organization

More information

Criminal Code And Civil Liability Amendment Bill 2007

Criminal Code And Civil Liability Amendment Bill 2007 1 Criminal Code And Civil Liability Amendment Bill Explanatory Notes Objectives of the Bill The Bill seeks to: Amend section 328A of the Criminal Code to increase the maximum penalties for the offence

More information

The Road Safety Monitor 2006. Drinking and Driving

The Road Safety Monitor 2006. Drinking and Driving The Road Safety Monitor 2006 Drinking and Driving The Traffic Injury The mission of the Traffic Injury (TIRF) is to reduce traffic-related deaths and injuries. TIRF is a national, independent, charitable

More information

Assess the purpose of the Criminal Justice System and the role of the Ministry of Justice.

Assess the purpose of the Criminal Justice System and the role of the Ministry of Justice. Assess the purpose of the Criminal Justice System and the role of the Ministry of Justice. Introduction Justice is a concept, a concept of moral rightness based on ethics, rationality, law or religion

More information

Chapter 9. Motor vehicle offences

Chapter 9. Motor vehicle offences Chapter 9 Motor vehicle offences Chapter 9 Motor vehicle offences A. Overview... (9-1) B. Vehicle offences involving liquor or other drugs... (9-2 9-4) C. Unlicensed, disqualified and suspended driving...

More information